alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2007199EN.01000902.xml

| 25.8.2007 | EN | Official Journal of the European Union | C 199/9 |
| --- | --- | --- | --- |

25.8.2007

EN

Official Journal of the European Union

C 199/9

---

Judgment of the Court (Third Chamber) of 28 June 2007 (reference for a preliminary ruling from the Finanzgericht Hamburg, Germany) — Bonn Fleisch Ex- und Import GmbH v Hauptzollamt Hamburg-Jonas

(Case C-1/06) (1)

1

(Agriculture - System of export refunds on agricultural products - Regulation (EEC) No 3665/87 - Furnishing of proof of export of the products - Production of equivalent proof - Article 47(3) - Recognition by the authorities of their own motion as equivalent proof of documents not accompanied by an express reasoned request for them to be regarded as equivalent - Not applicable to direct export - National procedural rules - Obligations of the competent national authorities)

(2007/C 199/15)

Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings

Applicant: Bonn Fleisch Ex- und Import GmbH

Applicant:

Defendant: Hauptzollamt Hamburg-Jonas

Defendant:

Re:

Reference for a preliminary ruling — Finanzgericht Hamburg — Interpretation of Article 47(3) of Commission Regulation (EEC) No 3665/87 of 27 November 1987 laying down common detailed rules for the application of the system of export refunds on agricultural products (OJ 1987 L 351, p. 1), as amended — Recognition by an authority, of its own motion, of supporting documents not accompanied by an express reasoned request for recognition of equivalence as constituting equivalent proof

Operative part of the judgment

Article 47(3) of Commission Regulation (EEC) No 3665/87 of 27 November 1987 laying down common detailed rules for the application of the system of export refunds on agricultural products, as amended by Commission Regulation (EC) No 2955/94 of 5 December 1994, does not apply to the direct export of products.

Where, however, as a result of circumstances beyond the control of the exporter, the national export document proving that the products in question have left the customs territory of the Community cannot be produced, the national authorities competent for export refunds must, in accordance with the objectives of Regulation No 3665/87, as amended by Regulation No 2955/94, take into account of their own motion equivalent means of proof and implied requests for documents to be treated as equivalent. Those means of proof must nevertheless be just as satisfactory for the purpose of the verification in accordance with the detailed rules laid down by national law, provided that those rules respect the scope and effectiveness of Community law.

Where the passing of the deadline for furnishing equivalent means of proof is attributable to the competent national authorities, they cannot rely on the 12-month period laid down by Article 47(2) of Regulation No 3665/87, as amended by Regulation No 2955/94, as against a diligent exporter.

---

(1)  OJ C 74, 25.3.2006.

1

---
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-6256
HENRY W. MARTIN, JR., Plaintiff - Appellant, versus WILLIAM K. SUTER, Clerk of the Supreme Courtof the United States; TROY D. CAHILL, Assistant Clerk of Court; CYNTHIA RAPP, Assistant Clerk of Court; BERT M. MONTAGUE, Clerk of the United States Court of Appeals for the Fourth Circuit; CHERYL M. WILLIAMSON, Deputy Clerk, Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Greenville. Matthew J. Perry, Jr., Senior District Judge. (CA-95-2341-6-OAK) Submitted: July 23, 1996 Decided: July 31, 1996 Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. Henry W. Martin, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM:Appellant appeals from the district court's order denying relief on his 42 U.S.C. § 1983 (1988) complaint. We have reviewed the record and the district court's opinion accepting the magistrate judge's recommendation and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Martin v. Suter , No. CA-95-2341-6-OAK (D.S.C. Dec. 14, 1995). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
<PAGE>


                                                                    Exhibit 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

         In connection with the Form 10-K of Virginia Commerce Bancorp, Inc. for
the year ended December 31, 2004, I, Peter A. Converse , Chief Executive Officer
of Virginia Commerce Bancorp, Inc., hereby certify pursuant to 18 U.S.C.
ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, to the
best of my knowledge and belief, that:

(1) such Form 10-K for the year ended December 31, 2004, fully complies with the
requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934;
and

(2) the information contained in such Form 10-K for the year ended December 31,
2004, fairly presents, in all material respects, the financial condition and
results of operations of Virginia Commerce Bancorp, Inc.


 /s/ Peter A. Converse
------------------------------
Peter A. Converse
Chief Executive Officer
Exhibit 32.1

SUNLINK HEALTH SYSTEMS, INC.

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report of SunLink Health Systems, Inc. (the Company) on Form 10-Q for the
quarterly period ended March 31, 2010, as filed with the United States Securities and Exchange Commission on the date hereof (the Report), I, Robert M. Thornton, Jr., Chief Executive Officer of the Company, do hereby certify,
pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934,
as amended; and

(2) The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.



By:

/s/ Robert M. Thornton, Jr.Robert M. Thornton, Jr.Chief Executive Officer


May 17, 2010
(Reap. Dec. 8354)

#### Airport Clearance Service *v.*United States

Entry No. 974254.

(Decided November 18, 1954)

*Siegel, Mandell & Davidson*for the plaintiff.

*Warren B. Burger,*Assistant Attorney General, for the defendant.

*540Ford, Judge:

Counsel for the respective parties have submitted the appeal listed above upon a stipulation to the effect that at or about the date of exportation of the involved merchandise there was no foreign, export, or United States value for such or similar merchandise as defined in section 402 of the Tariff Act of 1930, as amended, and that the cost of production of such merchandise was $1,794 each, plus $4 total cost of packing, plus $4 total cost for cartons.

Accepting this stipulation as a statement of fact, I find the cost of production of the involved merchandise to be $1,794 each, plus $8 total cost of packing and cartons. Judgment will be rendered accordingly.
No. 48646.

#### Protests 950320-G, etc., of Raymond Cepollaro et al. (New York).

Opinion by

Keefe, J.

It was stipulated that the cheese in question is similar to that the subject of *Scaramelli*v. *United States*(9 Cust. Ct. 270, C. D. 706) and Abstract 42146. The protests were therefore sustained.
(Reap. Dec. 8907)

Entry No. 29389.

#### C. I. Raven *v.*United States

(Decided July 10, 1957)

*Siegel, Mandell & Davidson*for the plaintiff.

*George Cochran Doub,*Assistant Attorney General, for the defendant.

Wilson, Judge:

This appeal for reappraisement has been submitted for decision upon the following stipulation of counsel for the parties hereto:

> IT IS STIPULATED AND AGREED by and between the respective parties hereto, subject to the approval of the Court, that the merchandise covered by the Appeal to Reappraisement enumerated above consists of merchandise imported from Japan.

> IT IS FURTHER STIPULATED AND AGREED that the market value or the price at the time of exportation of such merchandise to the United States at which such or similar merchandise was freely offered for sale to all purchasers in the principal market of Japan in the usual wholesale quantity and in the ordinary course of trade for export to the United States including the costs of containers and coverings of whatever nature and all other costs, charges and expenses incident to placing the merchandise ready for shipment to the United States was the appraised value less 5% covering the item of buying commission. There was no higher foreign value for such or similar merchandise herein at the time of exportation thereof.

> IT IS FURTHER STIPULATED AND AGREED that the Appeal to Reap-praisement enumerated above may be submitted for decision on the foregoing stipulation.

On tbe agreed facts I find the export value, as that value is defined in section 402 (d) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the merchandise here involved, and that such value was the appraised value, less 5 per centum covering the item of buying commission.

Judgment will be entered accordingly.
# C_2007155EN.01003701.xml

| 7.7.2007 | EN | Official Journal of the European Union | C 155/37 |
| --- | --- | --- | --- |

7.7.2007

EN

Official Journal of the European Union

C 155/37

---

Action brought on 9 May 2007 — Group Lottuss v OHIM — Ugly (COYOTE UGLY)

(Case T-161/07)

(2007/C 155/67)

Language in which the application was lodged: Spanish

Parties

Applicant: Group Lottuss Corporation, SL (Barcelona, Spain) (represented by: J. Grau Mora, A. Angulo Lafora, M. Ferrándiz Avendaño and J Arribas García, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: UGLY, INC

Other party to the proceedings before the Board of Appeal of OHIM:

Form of order sought

| — | annul (in part) the decision of the Second Board of Appeal of OHIM of 2 March 2007 in so far as that relates to the refusal of the Community trade mark application No 2.428.795 ‘COYOTE UGLY’ by Group Lottuss Corporation, SL |
| --- | --- |

—

annul (in part) the decision of the Second Board of Appeal of OHIM of 2 March 2007 in so far as that relates to the refusal of the Community trade mark application No 2.428.795 ‘COYOTE UGLY’ by Group Lottuss Corporation, SL

| — | order OHIM to pay the costs. |
| --- | --- |

—

order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Group Lottuss Corporation, SL.

Applicant for a Community trade mark:

Community trade mark concerned: Figurative mark ‘COYOTE UGLY’ (application No 2.428.795) for goods and services in Classes 9, 41 and 42.

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: Ugly, Inc.

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: Community word mark ‘COYOTE UGLY’ for goods in Classes 14, 16, 21, 25, 32 and 34, and earlier well-known unregistered word and figurative marks ‘COYOTE UGLY’ for goods and services in Classes 14, 16, 21, 25, 32, 33, 34, 41 and 42.

Mark or sign cited in opposition:

Decision of the Opposition Division: Opposition upheld in part, in so far as the Community trade mark application was refused in relation to services in Class 42.

Decision of the Opposition Division:

Decision of the Board of Appeal: Annulment of the contested decision, in so far as it rejected the opposition to ‘entertainment services, services for discos, night clubs’ applied for in Class 41, and rejection of the application for such services.

Decision of the Board of Appeal:

Pleas in law: Incorrect application of Article 8(1)(b) of Council Regulation (EC) No 40/94 on the Community trade mark.

Pleas in law:

---
Exhibit 32

Securities
and Exchange Commission
Judiciary Plaza
450 Fifth Street, N.W.
Washington, D.C. 20549

Re:    Certification
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

Ladies
and Gentlemen:

In
connection with the Quarterly Report of TEL Offshore Trust (the "Trust") on Form 10-Q for the quarterly period ended June 30, 2014 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), the undersigned, not in its individual capacity but solely as the trustee of the Trust, certifies pursuant to 18 U.S.C. 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that to its knowledge:



The
above certification is furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) and is not being filed as part of the Report or as a
separate disclosure document.

The Bank of New York Mellon
Trust Company, N.A.,
Corporate Trustee for TEL Offshore TrustDate: August 14, 2014

By:

/s/ MICHAEL J. ULRICH Michael J. Ulrich Vice President


---



QuickLinks
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

RICKIE LEE HUNT,

Plaintiff,

Civil Action 2:11-cv-00653

v. Judge Algenon L. Marbley

Magistrate Judge E.A. Preston Deavers

GARY MOHR, et al.,

Defendants.

ORDER

This matter is before the Court for consideration of the May 1, 2012 Report and

Recommendation of the Magistrate Judge. (ECF No. 41.) The Magistrate Judge recommended

that the Court grant in part and deny in part the Motion of Defendants for Judgment on the

Pleadings. (ECF No. 29.) The Magistrate Judge specifically recommended that Court allow

Plaintiff to proceed on his medical indifference claim involving denial of surgery and dismiss

Plaintiff’s claim based on interference with his medication.

The Report and Recommendation of the Magistrate Judge specifically advised the parties

that failure to object to the Report and Recommendation within fourteen days results in a

“waiver of the right to de novo review by the District Judge and waiver of the right to appeal the

judgment of the District Court.” (Report & Recommendation 10–11, ECF No. 41.) The time

period for filing objections to the Report and Recommendation has expired. No party has

objected to the Report and Recommendation. 

The Court reviewed the Report and Recommendation of United States Magistrate Judge

Elizabeth A. Preston Deavers, to whom this case was referred pursuant to 28 U.S.C. § 636(b). 

Case: 2:11-cv-00653-ALM-EPD Doc #: 44 Filed: 06/15/12 Page: 1 of 2 PAGEID #: <pageID>
Noting that no objections have been filed and that the time for filing such objections has expired,

the Court ADOPTS the Report and Recommendation of the Magistrate Judge. Accordingly, the

Motion of Defendants for Judgment on the Pleadings (ECF No. 29) is GRANTED IN PART

and DENIED IN PART as outlined within the Report and Recommendation.

IT IS SO ORDERED. 

 s/Algenon L. Marbley 

 ALGENON L. MARBLEY

 UNITED STATES DISTRICT COURT

DATED: June 15, 2012

2

Case: 2:11-cv-00653-ALM-EPD Doc #: 44 Filed: 06/15/12 Page: 2 of 2 PAGEID #: <pageID>
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No. 53117.

#### Hercules Liquor Products Co. et al. *v.*United States,

protests 116327-K, etc. (New York).

Opinion by

Ekwall, J.

For the reasons stated in *Austin, Nichols & Co., Inc.*v. *United States*(22 Cust. Ct. 33, C. *D.*1155), the claim of the plaintiffs was sustained. The protests were overruled in all other respects.
* Pursuant to Local Rule 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-40535 

Summary Calendar

__________________

ANTHONY LINDON BETHEL,

 Plaintiff-Appellant,

versus

JAMES A. LYNAUGH et. al.,

 Defendant-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 6:94-CV-224

- - - - - - - - - -

April 17, 1996

Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

This court must examine the basis of its jurisdiction on its

own motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th

Cir. 1987). Anthony Lindon Bethel has filed a notice of appeal

from an order of the district court that did not adjudicate all

of the claims against all of the parties. This court is without

jurisdiction to hear this appeal. See Borne v. A & P Boat
No. 95-40535

-2-

Rentals No. 4, Inc., 755 F.2d 1131, 1133 (5th Cir. 1985). The

appeal is DISMISSED.

In addition, we note that Bethel has been warned that

sanctions would be brought against him if he filed frivolous

appeals. In spite of this, Bethel has continued to file

frivolous appeals. Accordingly, IT IS ORDERED that Bethel is

barred from filing any pro se civil appeal in this court, or any

initial civil pleading in any court which is subject to this

court's jurisdiction, without the advance written permission of a

judge of the forum court. The clerk of this court and the Clerk

of all federal courts in this circuit are directed to return to

Bethel, unfiled, any attempted submission inconsistent with this

bar.

APPEAL DISMISSED; SANCTION IMPOSED.
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

MARY L. BEARCE, 

Plaintiff,

V. CASE NO. C2-11-0499

JUDGE EDMUND A. SARGUS, JR.

MAGISTRATE JUDGE TERENCE P. KEMP

BELMONT TECHNICAL COLLEGE,

Defendant.

ORDER

The undersigned hereby RECUSES himself from this case. The Clerk shall use a

random draw to assign a new judge to this case.

IT IS SO ORDERED.

June 10, 2011 /s/Edmund A. Sargus, Jr. 

DATE EDMUND A. SARGUS, JR.

UNITED STATES DISTRICT JUDGE

Case: 2:11-cv-00499-ALM-TPK Doc #: 3 Filed: 06/10/11 Page: 1 of 1 PAGEID #: <pageID>